Clause 93, page 102, line 5, leave out 'have regard to any' and insert 'where asked to do so by that person or body, seek and have regard to the'.

Mr Nick Gibb
Mrs Eleanor Laing

165

Clause 93, page 102, line 10, at end insert

'(5A) A person or body aggrieved by a decision by the Council to disclose any information about that person or body in pursuance of subsection (3)(c) may appeal against that decision under section 46B and that section shall be construed as if the Council and decisions under section 46H(3)(c) were specifically mentioned in subsection (1) of that section.'.

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

279

Clause 93, page 102, line 14, at end insert 'provided that where such information relates to the activities of any telecommunications operator, such telecommunications operator shall have been consulted and its representations on the matter shall have been taken into account by the Authority in the exercise of its power under this sub-section.'.

Mrs Helen Liddell

398

Page 100, line 21, leave out Clause 93.

Mr Nick Gibb
Mrs Eleanor Laing

179

Clause 94, page 102, line 42, at end insert

'(2A) The Council shall take appropriate steps, including the preparation and publication of guidance, to ensure that any investigation under this section is conducted in an objective and impartial manner.'.

Mrs Helen Liddell

399

Page 102, line 33, leave out Clause 94.

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

280

Clause 95, page 103, line 37, after 'appropriate', insert 'having had regard to any representations made by licensed operators with regard to any proposed method of collecting and/or analysing such information.'.

'(2A) The Council shall take appropriate steps to ensure that any investigation under this section is conducted in an objective and impartial manner.'.

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

281

Clause 96, page 105, line 12, at end insert, 'nor shall such power be exercised until after any licensed operator concerned with the complaint has had an opportunity to read the report in draft form and make representations upon its terms, which must be taken into account before such report is published.'

Clause 97, page 105, line 36, leave out from 'is' to end of line 37 and insert 'proportionate having regard to the nature and specificity of the condition or prescribed standard in question.

(1A) In setting the level of any penalty imposed under subsection (1) the Authority shall take account of the seriousness and duration of, and the harm caused by, the contravention or failure but in any event the penalty imposed shall not exceed 10 per cent. of the annual turnover of the licence holder in the relevant goods or services for the year in which the contravention or failure occurred.'.

Mr Nick Gibb
Mrs Eleanor Laing
Mr Ian Bruce [R]

262

Clause 97, page 105, line 43, at end insert

'(2A) No penalty shall be imposed until a provisional order shall have been confirmed or a final order shall have been made under section 16'.